Victorian Current Acts

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Protection and use of information and documents disclosed under overarching obligation in section 26

    (1)     A person who receives any information or documents provided by another person involved in the civil proceeding as a result of disclosure in compliance with the overarching obligation in section 26 is subject to an obligation not to use the information or documents, or permit the information or documents to be used, for a purpose other than in connection with the civil proceeding.

    (2)     The obligation under subsection (1) is taken to be an obligation to the court, contravention of which constitutes contempt of court.

    (3)     A person

        (a)     may agree in writing to the use of information or documents otherwise protected under subsection (1); or

        (b)     may be released from the obligation imposed under subsection (1) by leave of the court.

    (4)     Without limiting this section or discovery in any civil proceeding any information or documents exchanged in compliance with the overarching obligation in section 26 is required to be discovered in the civil proceeding to be admissible in that proceeding.

    (5)     Nothing in this section limits any other undertaking to a court (implied or specific) whether at common law or otherwise, in relation to information or documents disclosed or discovered in a civil proceeding.

Part 2.4—Sanctions for contravening the overarching obligations

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